Concerning the unregistered geographical indications, direct protection has been provided by the unfair competition provisions of the Turkish Competition Code enacted in 1956, Article 56. Yes, for the recognition of a geographical indication, registration is required according to Decree Law No. 555 on Geographical Signs Protection in Turkey.

There is one single regime for the protection of geographical indications for all products.

No, the regime of protection of geographical indications does not extend to services.

Concerning to the question forwarded in accordance with Article 22.2 of the TRIPS Agreement, see third and fourth paragraphs of the response to question 47 below. Trademark Decree-Law No. 556 has provisions as follows: Absolute Grounds for Refusal for Registration Article 7 (c): trademarks which consist exclusively of signs of indications which serve in trade to indicate the kind, characteristics, quality, intended purpose, value, geographical origin, or designate the time of production on the goods or of rendering of the service or other characteristics of goods or services; Article 7 (f): trademarks which are of such a nature as to deceive the public, such as to the nature, quality, place of production or geographical origin of the goods and services. As to the Article 23.1 of the TRIPS Agreement, the Geographical Signs Decree covers not only wines but also all other products. Article 15 (b) forbids any person to use a name which conveys a false impression as to its origin; or of the translated name; or usage of the name accompanied by expressions such as "style", "type", "method", "as produced in" or other similar descriptions.

[Answer 47: Under the Turkish legal system, the protection of geographical indications has been provided in either direct or indirect way. The direct protection is twofold. Firstly, if it is a registered geographical indication, the direct protection meant is the provisions of Decree Law No. 555 on Geographical Indications which came into force in 1995. Concerning the unregistered geographical indications, a second way of direct protection has been provided by the unfair competition provisions of the Turkish Competition Code enacted in 1956. In Article 56, the Code describes unfair competition as "… is the abuse of economic competition in any manner by means of deceitful acts or other acts incompatible with good faith". The samples given by the Code for the acts incompatible with good faith is broad enough to cover geographical indications in order to bring an unfair competition action. The indirect protection of geographical indications has been provided through the protection of consumers under "The Consumer Protection Act", enacted in 1995. Article 4 of the Act has given the description of the defective product in such a way that qualitative or quantitative shortcomings, which arose in the goods against the labels, standards or against promises of the vendor or according to the other reasonable expectations of the buyer, are sufficient enough to call a product defective. In this framework for a product which has a false geographical indication, a consumer may apply for remedies described in Article 4 (reduction in the price, annulment of the contract, etc.) or, if there is harm, he/she may bring an action for damages in accordance with Article 24 of the said Act. In such a case, Consumer Associations and the Minister of Industry and Trade may prevent the production and selling through an action before the court. In case of misleading advertisement, the Minister of Industry and Trade has given the capacity to order administrative fines in Article 16 of the Consumer Protection Act.]

Explained in the response to question 47 below.

[Answer 47: Under the Turkish legal system, the protection of geographical indications has been provided in either direct or indirect way. The direct protection is twofold. Firstly, if it is a registered geographical indication, the direct protection meant is the provisions of Decree Law No. 555 on Geographical Indications which came into force in 1995. Concerning the unregistered geographical indications, a second way of direct protection has been provided by the unfair competition provisions of the Turkish Competition Code enacted in 1956. In Article 56, the Code describes unfair competition as "… is the abuse of economic competition in any manner by means of deceitful acts or other acts incompatible with good faith". The samples given by the Code for the acts incompatible with good faith is broad enough to cover geographical indications in order to bring an unfair competition action. The indirect protection of geographical indications has been provided through the protection of consumers under "The Consumer Protection Act", enacted in 1995. Article 4 of the Act has given the description of the defective product in such a way that qualitative or quantitative shortcomings, which arose in the goods against the labels, standards or against promises of the vendor or according to the other reasonable expectations of the buyer, are sufficient enough to call a product defective. In this framework for a product which has a false geographical indication, a consumer may apply for remedies described in Article 4 (reduction in the price, annulment of the contract, etc.) or, if there is harm, he/she may bring an action for damages in accordance with Article 24 of the said Act. In such a case, Consumer Associations and the Minister of Industry and Trade may prevent the production and selling through an action before the court. In case of misleading advertisement, the Minister of Industry and Trade has given the capacity to order administrative fines in Article 16 of the Consumer Protection Act.]

Examples of domestic geographical indications protected in accordance with Decree Law No. 555 are as follows: For Carpets - HEREKE SILK HAND-MADE CARPET - HEREKE SILK-WOOL HAND-MADE CARPET - HEREKE WOOL HAND-MADE CARPET - SIMAV HAND-MADE CARPET - BÜNYAN HAND-MADE CARPET - SIVAS HAND-MADE CARPET - TAŞPINAR HAND-MADE CARPET - KARS HAND-MADE CARPET - TÜRKMEN HAND-MADE CARPET - PAZIRIK HAND-MADE CARPET - YUNTDAĞI HAND-MADE CARPET - SÜMER KARS HAND-MADE CARPET - KULA HAND-MADE CARPET - BERGAMA HAND-MADE CARPET - MILAS HAND-MADE CARPET - DÖŞEME ALTI HAND-MADE CARPET - YAĞCIBEDIR HAND-MADE CARPET - YAHYALI HAND-MADE CARPET - ÇANAKKALE HAND-MADE CARPET - GÖRDES HAND-MADE CARPET - INCE ISPARTA (HASGÜL) HAND-MADE CARPET For Kіlіms - JİRKAN KİLİMİ - EŞME-YÖRÜK KİLİMİ - SÜPER İNCE KİLİM For Spirits - TÜRK RAKISI

Yes, the higher level of protection required for wines and spirits, such as, the natural, agricultural, mining, industrial products and handicrafts can enjoy the same level of protection.

It is defined in Article 3 of Decree-Law on Geographical Signs. According to this Article: The name of a place, an area or a region of a product's origin shall mean "Designation of Origin" when all of the following conditions are met: (a) a product originating from a place, an area, a region or, in exceptional cases, a country, of which the geographical boundaries have been defined; (b) a product, the quality or characteristics of which are essentially or exclusively due to the inherent natural and human factors of this place, area or region; (c) a product, the production, processing and preparation of which take place within the defined boundaries of this place, area or region. The name of a place, an area or a region of a product's origin shall mean "Geographical Indication" when the following conditions are met: (a) a product originating from a place, an area, or a region, of which the geographical boundaries have been defined; (b) a product possessing a specific quality, reputation or other characteristics attributable to this place, area or region; (c) a product, at least one of the activities of production, processing or preparation of which take place within the defined boundaries of this place, area or region.

According to Article 3 of the Decree-Law on Geographical Signs, the definition comprises geographical indications identifying products of a certain quality or reputation directly linked to a specific region.

The conditions of Article 3 of the Decree-Law on Geographical Signs are considered as criteria of a geographical indication.

Yes, human factors are involved within the criteria of "designation of origin". Products which involve a certain decree of human creativity within the sense of creative design shall be protected by Industrial Design Decree-Law.

No.

There is no such authority under Decree-Law No. 555. The applicant must indicate the geographical region or area.

No. There is not any special provision.

The protection conferred by this law is available to natural and legal persons who are domiciled or who have industrial or commercial establishment within the territory of the Turkish Republic, or the Paris or Berne Conventions or the Agreement Establishing the World Trade Organization. Natural or legal persons other than those referred to in the first paragraph of this Article, who are nationals of states which accord legal and de facto protection to the nationals of the Turkish Republic shall enjoy according to the reciprocity rules protection in Turkey. The last paragraph of Article 8 of Decree-Law No. 555 says: "The International Agreement being reserved, with respect to the geographical sign applications for products originating in other countries, the Institute shall apply the provisions of Articles 9, 10, 11, 12 and 13 in its examination if and where the registration requirements in the country of origin conform to the provisions of this Article, where inspection is available as provisioned in Article 20, where the country of origin is affording reciprocal protection of the geographical sign registration applications from Turkey. Where a geographical sign registered in another country is the same with a protected geographical sign in Turkey, the registration shall be made after evaluating the regional and traditional use of the name and the possibility of confusion. The use of such a sign shall be allowed only under the condition that the name of the country of origin is to be indicated clearly and visibly on the label."

Yes, there is specific prohibition in our legislation saying that the names which are not protected or their period of protection have expired or names and signs not allowed to be used by the countries shall not be registered as a geographical sign.

[Answer 8: It is defined in Article 3 of Decree-Law on Geographical Signs. According to this Article: The name of a place, an area or a region of a product's origin shall mean "Designation of Origin" when all of the following conditions are met: (a) a product originating from a place, an area, a region or, in exceptional cases, a country, of which the geographical boundaries have been defined; (b) a product, the quality or characteristics of which are essentially or exclusively due to the inherent natural and human factors of this place, area or region; (c) a product, the production, processing and preparation of which take place within the defined boundaries of this place, area or region. The name of a place, an area or a region of a product's origin shall mean "Geographical Indication" when the following conditions are met: (a) a product originating from a place, an area, or a region, of which the geographical boundaries have been defined; (b) a product possessing a specific quality, reputation or other characteristics attributable to this place, area or region; (c) a product, at least one of the activities of production, processing or preparation of which take place within the defined boundaries of this place, area or region.]

According to Article 7 of the Decree-Law on Geographical Signs, the following natural and legal persons are entitled to apply for registration: (a) Natural or legal persons who are producers of the product; (b) consumers associations; (c) public institutions related to the product or the geographical region.

The Turkish Patent Institute is the competent authority where the protection of a geographical indication can be obtained.

They must be based on the initiative of a legal entity or person.

The fee for filing the application is TL 18,000,000. The fees for maintenance are not paid.

No. Those criteria are not purely geographical in nature. As provided in paragraph 3 of Article 3 of the Decree-Law on Geographical Signs, the traditional geographical or non-geographical names which have become customary in the current language designating a product originating in a place, an area or region which fulfill the conditions may also be used as designations of origin.

See the replies to question 10 above and question 23 below

[Answer 10: The conditions of Article 3 of the Decree-Law on Geographical Signs are considered as criteria of a geographical indication.]

[Answer 23: According to Article 8 of the Decree-Law on Geographical Signs, an application for the registration of a geographical sign must be filed with the following: (a) A petition for registration including information identifying the applicant, and information concerning the applicant's group as specified in Article 7; (b) the name of the product and the designation of origin or the geographical indication to be registered; (c) the description of the product; technical information and documents explaining the physical, chemical, microbiological and similar characteristics of the product and if necessary of the raw material; (d) the description of the geographical area, information and the documents clearly indicating the geographical boundaries; (e) production techniques of the product and if relevant the authentic and specific local techniques and conditions; (f) evidence that the product is in compliance with the provisions of Article 3 in respect of the sign requested for registration; (g) information detailing the inspection structure provided for in Article 20; (h) information detailing the labeling, marking and means of using the registered designation of origin or geographical indication; (i) evidence that the application fee has been paid; (j) other particulars as specified in the Implementing Regulations. The International Agreement being reserved, with respect to the geographical sign applications for products originating in other countries, the Institute shall apply the provisions of Articles 9, 10, 11, 12 and 13 in its examination if and where the registration requirements in the country of origin conform to the provisions of this Article, where inspection is available as provisioned in Article 20, where the country of origin is affording reciprocal protection of the geographical sign registration applications from Turkey. Where a geographical sign registered in another country is the same as a protected geographical sign in Turkey, the registration shall be made after evaluating the regional and traditional use of the name and the possibility of confusion. The use of such sign shall be allowed only under the condition that the name of the country of origin is to be indicated clearly and visibly on the label.]

According to Article 8 of the Decree-Law on Geographical Signs, an application for the registration of a geographical sign must be filed with the following: (a) A petition for registration including information identifying the applicant, and information concerning the applicant's group as specified in Article 7; (b) the name of the product and the designation of origin or the geographical indication to be registered; (c) the description of the product; technical information and documents explaining the physical, chemical, microbiological and similar characteristics of the product and if necessary of the raw material; (d) the description of the geographical area, information and the documents clearly indicating the geographical boundaries; (e) production techniques of the product and if relevant the authentic and specific local techniques and conditions; (f) evidence that the product is in compliance with the provisions of Article 3 in respect of the sign requested for registration; (g) information detailing the inspection structure provided for in Article 20; (h) information detailing the labeling, marking and means of using the registered designation of origin or geographical indication; (i) evidence that the application fee has been paid; (j) other particulars as specified in the Implementing Regulations. The International Agreement being reserved, with respect to the geographical sign applications for products originating in other countries, the Institute shall apply the provisions of Articles 9, 10, 11, 12 and 13 in its examination if and where the registration requirements in the country of origin conform to the provisions of this Article, where inspection is available as provisioned in Article 20, where the country of origin is affording reciprocal protection of the geographical sign registration applications from Turkey. Where a geographical sign registered in another country is the same as a protected geographical sign in Turkey, the registration shall be made after evaluating the regional and traditional use of the name and the possibility of confusion. The use of such sign shall be allowed only under the condition that the name of the country of origin is to be indicated clearly and visibly on the label.

Yes, as it is indicated above, the goods with respect to which a geographical indication is claimed must be set out.

Pursuant to Article 11 of the Decree-Law on Geographical Signs, within six months of the publication of the application, anybody legitimately concerned may object to the registration by filing an objection at the Institute with respect to conformity with Articles 3, 5, 7 and 8. The Institute receiving the application shall have the objection examined by one or more of the public institutions or universities or independent private institutions which have expertise in the subject-matter. The examination fees to be paid to these institutions and the fees for the services of the Institute shall be borne by the applicant and be payable to the Institute. Objections by public institutions are not subject to fees.

Anybody legitimately concerned may object to registration.

As it has been emphasized in the response of question 23 above, the last paragraph of Article 8 states that the International Agreement being reserved, with respect to the geographical sign applications for products originating in other countries, the Institute shall apply the provisions of Articles 9, 10, 11, 12 and 13 in its examination if and where the registration requirements in the country of origin conform to the provisions of this Article, where inspection is available as provisioned in Article 20, where the country of origin is affording reciprocal protection of the geographical sign registration applications from Turkey. Where a geographical sign registered in another country is the same with a protected geographical sign in Turkey, the registration shall be made after evaluating the regional and traditional use of the name and the possibility of confusion. The use of such a sign shall be allowed only under the condition that the name of the country of origin is to be indicated clearly and visibly on the label. Those who are domiciled outside the country can only be represented by trademark agents. See Article 14 of the Decree-Law.

Protection of geographical signs shall be of an unlimited duration. It is valid up to the declaration of invalidity by the court. See also the response to question 29 below.

[Answer 29: According to the Decree-Law, there is no need to renew, but under Article 14 of the Implementing Regulations, inspection reports prepared/made by the owner of a registered geographical sign must be submitted to the Turkish Patent Institute every ten years. The Institute examines the reports as to whether the criteria of Implementing Regulations Article (5) (i) submitted during the application are the same as in the reports. If the inspection report shows that it is not enough and the required information not correctly given during the application, the registration of the geographical sign shall be declared invalid.]

According to the Decree-Law, there is no need to renew, but under Article 14 of the Implementing Regulations, inspection reports prepared/made by the owner of a registered geographical sign must be submitted to the Turkish Patent Institute every ten years. The Institute examines the reports as to whether the criteria of Implementing Regulations Article (5) (i) submitted during the application are the same as in the reports. If the inspection report shows that it is not enough and the required information not correctly given during the application, the registration of the geographical sign shall be declared invalid.

The Decree-Law on Geographical Signs does not require mandatory use of a geographical sign.

No. There is no specified limit for non-use.

According to Article 20 of Decree Law No. 555, the owner of the registered geographical indication shall monitor the use of the geographical indication.

As regards the control under Article 14 of the Implementing Regulations, see the response to question 29 above.

[Answer 29: According to the Decree-Law, there is no need to renew, but under Article 14 of the Implementing Regulations, inspection reports prepared/made by the owner of a registered geographical sign must be submitted to the Turkish Patent Institute every ten years. The Institute examines the reports as to whether the criteria of Implementing Regulations Article (5) (i) submitted during the application are the same as in the reports. If the inspection report shows that it is not enough and the required information not correctly given during the application, the registration of the geographical sign shall be declared invalid.]

For the first part of the question, see the answers to questions 30 – 33 above. For the second part of the question, see the answers to questions 28 – 29 above.

[Answer 30: The Decree-Law on Geographical Signs does not require mandatory use of a geographical sign.]

[Answer 31: No. There is no specified limit for non-use.]

[Answer 32: According to Article 20 of Decree Law No. 555, the owner of the registered geographical indication shall monitor the use of the geographical indication.]

[Answer 33: As regards the control under Article 14 of the Implementing Regulations, see the response to question 29 above.]

[Answer 28: Protection of geographical signs shall be of an unlimited duration. It is valid up to the declaration of invalidity by the court. See also the response to question 29 below.]

[Answer 29: According to the Decree-Law, there is no need to renew, but under Article 14 of the Implementing Regulations, inspection reports prepared/made by the owner of a registered geographical sign must be submitted to the Turkish Patent Institute every ten years. The Institute examines the reports as to whether the criteria of Implementing Regulations Article (5) (i) submitted during the application are the same as in the reports. If the inspection report shows that it is not enough and the required information not correctly given during the application, the registration of the geographical sign shall be declared invalid.]

It must be based on the initiative of an entity or a person.

Anyone who meets the criteria submitted to obtain recognition of a geographical indication may use that geographical indication after recognition is given.

The entity that obtained the recognition. See the response to question 36 above

[Answer 36: Anyone who meets the criteria submitted to obtain recognition of a geographical indication may use that geographical indication after recognition is given.]

There is no fee determined. But it is necessary to get fee by the owner of registered geographical indication, for the inspection and other expenses.

The person may apply to the courts. Courts are authorized for these disputes.

No.

See the responses to questions 28, 29 and 39 above.

[Answer 28: Protection of geographical signs shall be of an unlimited duration. It is valid up to the declaration of invalidity by the court. See also the response to question 29 below.]

[Answer 29: According to the Decree-Law, there is no need to renew, but under Article 14 of the Implementing Regulations, inspection reports prepared/made by the owner of a registered geographical sign must be submitted to the Turkish Patent Institute every ten years. The Institute examines the reports as to whether the criteria of Implementing Regulations Article (5) (i) submitted during the application are the same as in the reports. If the inspection report shows that it is not enough and the required information not correctly given during the application, the registration of the geographical sign shall be declared invalid.]

[Answer 39: The person may apply to the courts. Courts are authorized for these disputes.]

There are no special provisions related to licensing

According to Article 19 of the Decree-Law on Geographical Signs, the scope of protection shall not extend to geographical signs which have been continuously used or used in good faith for a minimum period of ten years prior to 15 April 1994, i.e. the date of signing of the Agreement Establishing the World Trade Organization

According to Article 18 of Decree Law No. 555 on Geographical Signs: " Where a geographical sign has been applied for registration in accordance with this Decree Law, the application for registration of a trademark corresponding to the provisions of Article 15 or to be used in relation to the same product shall be refused. "The claim specified in Article 15 of this Decree Law can be asserted against an application for the registration of a trademark within five years of the general recognition in Turkey of the violation of the registered geographical sign. The same claims can be asserted against a registered trademark within five years of the date of registration provided that the date of general recognition of the violation of the geographical sign is earlier than the publication date of the trademark. "Claims under the second paragraph of this Article can be asserted only for a valid geographical sign registered in good faith. "Trademarks registered in breach of the first paragraph shall be declared invalid. "Validity of a registered trademark shall uphold and its use in good faith shall continue, provided that the application for the registered trademark was filed in good faith and registered or that the right of use was acquired before the registered geographical sign has acquired protection in its country of origin or before the coming into effect of this Decree Law. "A previously registered trademark with features that are liable to mislead the public as to actual characteristics of the product shall not be registered as a designation of origin or as a geographical indication." According to Article 7 (c) of Decree Law No. 556 on Trademarks: "Trademarks which consist exclusively of signs or indications which serve in trade to indicate the kind characteristics, quality, intended purpose, value, geographical origin, or designate the time of production of the goods or of rendering of the service or other characteristics of goods or services," are absolute grounds for refusal for the registration of a trademark.

According to Article 18 of Decree Law No. 555 on Geographical Signs: " Where a geographical sign has been applied for registration in accordance with this Decree Law, the application for registration of a trademark corresponding to the provisions of Article 15 or to be used in relation to the same product shall be refused. "The claim specified in Article 15 of this Decree Law can be asserted against an application for the registration of a trademark within five years of the general recognition in Turkey of the violation of the registered geographical sign. The same claims can be asserted against a registered trademark within five years of the date of registration provided that the date of general recognition of the violation of the geographical sign is earlier than the publication date of the trademark. "Claims under the second paragraph of this Article can be asserted only for a valid geographical sign registered in good faith. "Trademarks registered in breach of the first paragraph shall be declared invalid. "Validity of a registered trademark shall uphold and its use in good faith shall continue, provided that the application for the registered trademark was filed in good faith and registered or that the right of use was acquired before the registered geographical sign has acquired protection in its country of origin or before the coming into effect of this Decree Law. "A previously registered trademark with features that are liable to mislead the public as to actual characteristics of the product shall not be registered as a designation of origin or as a geographical indication." According to Article 7 (c) of Decree Law No. 556 on Trademarks: "Trademarks which consist exclusively of signs or indications which serve in trade to indicate the kind characteristics, quality, intended purpose, value, geographical origin, or designate the time of production of the goods or of rendering of the service or other characteristics of goods or services," are absolute grounds for refusal for the registration of a trademark.

According to Article 18 of Decree Law No. 555 on Geographical Signs: " Where a geographical sign has been applied for registration in accordance with this Decree Law, the application for registration of a trademark corresponding to the provisions of Article 15 or to be used in relation to the same product shall be refused. "The claim specified in Article 15 of this Decree Law can be asserted against an application for the registration of a trademark within five years of the general recognition in Turkey of the violation of the registered geographical sign. The same claims can be asserted against a registered trademark within five years of the date of registration provided that the date of general recognition of the violation of the geographical sign is earlier than the publication date of the trademark. "Claims under the second paragraph of this Article can be asserted only for a valid geographical sign registered in good faith. "Trademarks registered in breach of the first paragraph shall be declared invalid. "Validity of a registered trademark shall uphold and its use in good faith shall continue, provided that the application for the registered trademark was filed in good faith and registered or that the right of use was acquired before the registered geographical sign has acquired protection in its country of origin or before the coming into effect of this Decree Law. "A previously registered trademark with features that are liable to mislead the public as to actual characteristics of the product shall not be registered as a designation of origin or as a geographical indication." According to Article 7 (c) of Decree Law No. 556 on Trademarks: "Trademarks which consist exclusively of signs or indications which serve in trade to indicate the kind characteristics, quality, intended purpose, value, geographical origin, or designate the time of production of the goods or of rendering of the service or other characteristics of goods or services," are absolute grounds for refusal for the registration of a trademark.

[Answer 44: According to Article 18 of Decree Law No. 555 on Geographical Signs: " Where a geographical sign has been applied for registration in accordance with this Decree Law, the application for registration of a trademark corresponding to the provisions of Article 15 or to be used in relation to the same product shall be refused. "The claim specified in Article 15 of this Decree Law can be asserted against an application for the registration of a trademark within five years of the general recognition in Turkey of the violation of the registered geographical sign. The same claims can be asserted against a registered trademark within five years of the date of registration provided that the date of general recognition of the violation of the geographical sign is earlier than the publication date of the trademark. "Claims under the second paragraph of this Article can be asserted only for a valid geographical sign registered in good faith. "Trademarks registered in breach of the first paragraph shall be declared invalid. "Validity of a registered trademark shall uphold and its use in good faith shall continue, provided that the application for the registered trademark was filed in good faith and registered or that the right of use was acquired before the registered geographical sign has acquired protection in its country of origin or before the coming into effect of this Decree Law. "A previously registered trademark with features that are liable to mislead the public as to actual characteristics of the product shall not be registered as a designation of origin or as a geographical indication." According to Article 7 (c) of Decree Law No. 556 on Trademarks: "Trademarks which consist exclusively of signs or indications which serve in trade to indicate the kind characteristics, quality, intended purpose, value, geographical origin, or designate the time of production of the goods or of rendering of the service or other characteristics of goods or services," are absolute grounds for refusal for the registration of a trademark.]

Under the Turkish legal system, the protection of geographical indications has been provided in either direct or indirect way. The direct protection is twofold. Firstly, if it is a registered geographical indication, the direct protection meant is the provisions of Decree Law No. 555 on Geographical Indications which came into force in 1995. Concerning the unregistered geographical indications, a second way of direct protection has been provided by the unfair competition provisions of the Turkish Competition Code enacted in 1956. In Article 56, the Code describes unfair competition as "… is the abuse of economic competition in any manner by means of deceitful acts or other acts incompatible with good faith". The samples given by the Code for the acts incompatible with good faith is broad enough to cover geographical indications in order to bring an unfair competition action. The indirect protection of geographical indications has been provided through the protection of consumers under "The Consumer Protection Act", enacted in 1995. Article 4 of the Act has given the description of the defective product in such a way that qualitative or quantitative shortcomings, which arose in the goods against the labels, standards or against promises of the vendor or according to the other reasonable expectations of the buyer, are sufficient enough to call a product defective. In this framework for a product which has a false geographical indication, a consumer may apply for remedies described in Article 4 (reduction in the price, annulment of the contract, etc.) or, if there is harm, he/she may bring an action for damages in accordance with Article 24 of the said Act. In such a case, Consumer Associations and the Minister of Industry and Trade may prevent the production and selling through an action before the court. In case of misleading advertisement, the Minister of Industry and Trade has given the capacity to order administrative fines in Article 16 of the Consumer Protection Act.

The primary persons to bring action are the natural or legal persons who are producers of the product, consumer associations and public institutions of the geographical region (Article 15 of the Decree) and chambers of commerce and industry (Article 24A(c) of the Decree).

In the Turkish legal system, only the judicial bodies have jurisdiction over enforcement actions. As in the case of other industrial property legislation, the Decree Law on Geographical Indications (Article 30) requires the establishment of specialized courts for all type of conflicts including the challenges against administrative decisions of the Turkish Patent Institute. Nevertheless, the Supreme Council for Judges and Prosecutors has assigned the competence, for the time being, to the Commercial Courts in relation to ratione materia jurisdiction, without regarding whether the claim is commercial or not. Concerning criminal actions, it is the General Criminal Court which has jurisdiction over the act of infringement. There is no fee involved for criminal actions. The State bears the necessary cost to carry out the criminal proceedings during the procedure. However, it is the convict who should pay the expenses at the end of the procedure (the Act of Criminal Procedure - Articles 406-415). In case of civil actions, the plaintiff is obliged to pay an action levy (to bring the action before the court) determined as a lump sum for a calendar year by the Ministry, of Finance at the beginning of each year.

Notification of the public on the existence of a geographical indication has been provided through the publication in the Turkish Official Journal in accordance with the provisions of Article 12 of the Geographical Indications Decree. This publication is basically based on the application for registration and the application also is notified by the two highest circulating national newspapers and one local newspaper in addition to the above-mentioned Official Journal (Article 9).

Article 24A of the Geographical Indications Decree describes three types of infringement and criminal remedies: (a) infringements which require one to two years of imprisonment and a fine between the amount of 300 million and 600 million Turkish Lira: - false declaration on the identity of the application; - removal of the geographical indication sign. (b) infringements which require two to three years of imprisonment and a fine between 600 million and 1 billion Turkish Lira: - affixing a false sign on the goods, commercial documents or advertising material to convey the misimpression on the existence of a legally-protected geographical indication. (c) infringements which require two to four years of imprisonment and a fine between 600 million and 1 billion Turkish Lira, and closing down the business premises and preventing commercial activities at least for one year: - commitment of the actions described in Article 24 of the Decree. Natural or legal persons who are producers of the product, consumer associations, chambers of commerce and industry and the Turkish Patent Institute have been given the competence, within the scope and framework in Article 24A, to bring a criminal action by complaint. The time prescription is two years from the date of being informed on the act and the infringer. Seizure, confiscation and destruction of the goods and the equipment to produce them are among the remedies. Since all industrial property infringements are considered as an urgent matter in the legislation, infringement cases are dealt with during the term of judicial vacation.

No.

No.